Last week, the New Jersey Supreme Court handed down its decision in Matter of Registrant HD/Matter of Registrant JM. This decision is important for anyone seeking relief from their Megan’s Law and/or CSL/PSL obligations. One of the requirements for relief from Megan’s and CSL/PSL is that the defendant must have…
Juveniles who have been taken into custody in connection with a criminal charge present special procedural issues. Ideally, a parent or guardian has to be present before the police can question them. Alternatively, the police have to show that they used their best efforts to contact a parent or guardian…
Two issues regarding the right to privacy, and its potential impact on criminal cases, appeared in the news recently. These issues have no relationship to each other, but can both be highly relevant to criminal cases. The first involves a your man who was living alone in a South American…
We receive many inquiries from defendants who are currently required to register pursuant to Megan’s Law, and are on Community Supervision for Life or Parole Supervision for Life, about termination of their overly burdensome and needlessly restrictive obligations. In light of a recent New Jersey Supreme Court case, we believe…
Anyone who has ever sat through a jury trial knows the level of attention received by the jury. Tremendous care goes into selecting the jury, as is evident by the nature and extent of the questioning of whole panels and individual jurors, and the related decisions that the parties make…
A criminal case can end in a variety of ways including a verdict at trial, a plea, a dismissal, or admission to a diversionary program. Two diversionary programs that may be available to New Jersey criminal defendants are Drug Court and Pre-Trial Intervention, or PTI. This post focuses on some…
Have you been charged with illegal possession of a firearm? Surprised to learn that your plea offer calls for a State prison sentence (typically, five years with a 42-month parole disqualifier), and that the prosecutor is not willing to even discuss it? This scenario has been playing out in courts…
Many attorneys – both defense attorneys and prosecutors – will knowingly try to introduce objectionable material at trial. The reason for this is simple. The attorney believes that the jury has to hear it. It makes a difference in their case, and the effort to introduce it is strategic. Even…
Last year, in State v. RG, our Appellate Division addressed the issue of whether a criminal defendant who is not mentally competent can be involuntarily medicated to restore their competency so that they can proceed with their case. This was the first time a New Jersey appellate court addressed this…
Most people associate penalties in criminal cases with probation, incarceration and/or fines. There is, however, another court-imposed obligation that can be imposed in any case involving financial loss. A sentencing judge can, and frequently does, order the defendant to pay restitution as compensation for any monetary losses sustained by the…